New Delhi . On the petition of former Indian cricket captain Sourav Ganguly, Delhi High Court refused to stop the release of the film 'Doosra'. The film is scheduled to release in theaters on Friday, October 23. Ganguly had asked the court to stay its release. During the hearing on Thursday, the bench of Justice Dinesh Bhatt orally said that at the initial stage the balance of convenience appears to be in favor of the filmmakers. The court did not stay the release of the film for now and scheduled the next hearing of the case for Friday.
Luv Films LLP is also a plaintiff in the suit filed by Ganguly. This production company is making a separate biopic on the former Indian captain. The petition expressed apprehension that Ganguly's name, life and material related to him could be used in 'Doosra' in such a way that his personality rights would be violated.
During the hearing, Ganguly's lawyer argued that the film was being promoted in the name of the former cricketer and his client was being portrayed as its real hero. According to the lawyer, Ganguly and his life seem to be the main subjects of the film. He also said that no license or approval was taken from Ganguly to make the film. The court was told that a biopic based on his life is already under production. Ganguly also offered to return the advance payment amount to the producers to postpone the release of the film.
On the other hand, the senior advocate appearing for the filmmakers said that 'Doosra' is not a biopic of Sourav Ganguly. According to him, it is the story of a middle-class girl from Rajasthan, who steps into the world of cricket and takes inspiration from some sporting events associated with the former Indian captain. The makers also assured that necessary permissions were taken to use some visual material related to Ganguly.
The producers' counsel told the court that more than a hundred theaters have been booked for the film and advance payment has also been made for them. He objected to the demand for a ban just a day before the release. His argument was that the plaintiffs have not even seen the film yet and their apprehensions are based on guesswork.
The issue of the clip of the 2002 NatWest ODI series also came up in the hearing. It was argued on behalf of the producers that no player can be considered to have the right to claim personality rights on the basis of such a clip. However, the court has not given a final verdict on all aspects of the dispute at this stage. At present the demand to stop the release of the film has not been accepted.
In this case the court referred to the principle of 'Balance of Convenience'. This is the legal criterion used when considering an order such as an interim injunction. In this, the court sees what kind of loss may be caused to the parties concerned in case of imposing or not imposing the ban. The bench said in oral remarks that in the circumstances available, the balance is in favor of the producers, hence the release of the film is not being immediately banned.
'Doosra: India's Other Freedom Struggle' is directed by Abhinay Deo. The film stars Plabita Borthakur, Ankur Vikal and Samidha Guru in lead roles. The court has fixed the next hearing of the case on Friday. In such a situation, the release of the film can go ahead as per the schedule, while the legal dispute over the rights between Ganguly and the producers will continue.